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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Red face Is It Too Late to Reopen a Workers Comp Claim

    Hello good people, I have a question that I would really appreciate getting an answer to it. I filed an injury on the job back in 2002 or so but continued working since they accommodated me the best they could. I received from workers comp medical follow ups and medications.

    The work even with the accommodation was unbearable and in order to finish my working day I was taking great doses of pain killers. I finally was able to transfer to another agency in which the job switched from very physical to sitting down all day job. Since the pain on my back did not stop, I went back to my doctor. After doing a new MRI he found another herniated disc. amounting now to 3 degenerative discs.

    Is it possible to reduce my working hours and get on the wage compensation part of the insurance now without filing a new claim? I am not sure the new agency (federal government) will grant my worker's comp. but working full time is becoming difficult to accomplish.

    I live in Utah County, if I need a lawyer, do you know of a good one out there?
    THANKS A MILLION

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Is It Too Late

    You didn't say what happened with the 1st claim, and settlement ?

    As you have been working since the org injury... depending on the resolution of the prior claim... this would probably be a new injury/claim and not combined with the prior.
    Is it possible to reduce my working hours and get on the wage compensation part of the insurance now without filing a new claim? I am not sure the new agency (federal government) will grant my worker's comp. but working full time is becoming difficult to accomplish.
    It's a bit late to claim wage differential due to the org injury. The difficulty you suffer today may or may not be due to the org injury.
    After doing a new MRI he found another herniated disc. amounting now to 3 degenerative discs.
    AND... you are going to have to show through medical evidence, and a Dr report/opinion, the DDD you are suffering now is in fact attributable to the industrial injury of 2002
    File the first report of injury with your employER/supervisor, and go to the directed Dr for treatment.

    Whatever residual PD/impairment % you were given from the first injury, will be used to reduce any PD from the current claim.

    Federal comp is different than state...the only way you'll have an answer is file the claim.

    You may also find difficulty in locating an atty to take a federal comp claim... much different in the rules.
    Last edited by BvIA; 02-02-2010 at 07:33 AM.

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Is It Too Late

    Thank you so much. Your answers have been very helpful.

    There was never a settlement. I filed the injury on the job; my employee pushed me on a corner to accommodate me but the supervisor treated me very bad with the attitude "if your injured it was probably your fault." I didn't know who to turn too, felt intimidated, discriminated against and afraid to lose my job.

    I think worker's comp watched my work activity and then after a period of time, sent me the forms alleging that I had exceeded my "work gainful activity and demonstrated that I can continue to work" so therefore, no benefits as far as wages compensation were available for me but told me that I could continue receiving medical care.

    I went back to school part-time while suffering a great deal of pain and discrimination at work. After graduating from school I was able to transfer to another agency.

    I have learned many lessons through all this ordeal. Trying to do your best while requesting considerations sometimes are only detrimental to the individual. Is best to learn how the system works from the beginning knowing that we have our own rights.
    Last edited by patty63; 02-02-2010 at 08:31 AM.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Is It Too Late

    You are entitled to wage differential due to your injury and resulting disability/impairment... not as a consideration, or convenience.
    You can either perform the job duties of the job you were hired for, or you go to a different position. Thats' ''life''. YOu don't go back years later after an injury and recovery and claim wage differential... you change jobs again if necessary.

    Lots of people go to work every day suffering some level of 'pain'... I'm not saying yours in not unique, or more/less severe than others... there is a basis and qualifyer for a comp claim... from what you say here...I'm not sure yours is compensable under the current rules

    FILE the claim with your ER...and seek the treatment you feel necessary. Don't expect this to be like ''health insurance''... its not.
    the supervisor treated me very bad with the attitude "if your injured it was probably your fault." I didn't know who to turn too, felt intimidated, discriminated against and afraid to lose my job.
    The supervisor was wrong... you go to the HR dept and file your complaint.

    Supervisors have jobs to do just like the people they supervise. When one link is weakened by injury... the others have to take up the slack. Those with job related injuries are being paid wage replacement while they treat/recover from the injury or illness... other EE's see that as 'free money' .. being paid while not having to work. Wrong...yes. Understandable... no...and sadly they will probably be in your shoes one day... and that will certainly change their minds.

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